THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES  
AND REMAINS ACT, 1958  

―― 

ARRANGEMENT OF SECTIONS 

―― 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

2A. Construction of references to any law not in force in the State of Jammu and Kashmir.   

ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS OF NATIONAL IMPORTANCE 

3. Certain ancient monuments, etc., deemed to be of national importance. 

4. Power of Central Government to declare ancient monuments, etc., to be of national importance. 

4A. Categorisation and classification in respect of ancient monuments or archaeological sites and 

remains declared as of national importance under sections 3 and 4.  

PROTECTED MONUMENTS 

5.  Acquisition of rights in a protected monument. 

6.  Preservation of protected monument by agreement. 

7.  Owners under disability or not in possession. 

8.  Application of endowment to repair a protected monument.  

9.   Failure or refusal to enter into an agreement. 

10. Power to make order prohibiting contravention of agreement under section 6. 

11. Enforcement of agreements. 

12. Purchasers at certain sales and persons claiming through owner bound by instrument executed 

by owner. 

13. Acquisition of protected monuments. 

14. Maintenance of certain protected monuments. 

15. Voluntary contributions. 

16. Protection of place of worship from misuse, pollution or desecration.  

17. Relinquishment of Government rights in a monument. 

18. Right of access to protected monuments. 

PROTECTED AREAS 

19.  Restrictions on enjoyment of property rights in protected areas. 

20.  Power to acquire a protected area. 

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SECTIONS 

PROHIBITED AND REGULATED AREAS  

20A. Declaration of prohibited area and carrying out public work or other works in prohibited  

area. 

20B. Declaration of regulated area in respect of every protected monument. 

20C. Application for repair or renovation in prohibited area, or construction or re-construction or 

repair or renovation in regulated area. 

GRANT OF PERMISSION BY COMPETENT AUTHORITY 

20D. Grant of permission by competent authority within regulated area. 

20E. Heritage bye-laws. 

NATIONAL MONUMENTS AUTHORITY 

20F. Constitution of National Monuments Authority. 

20G. Selection Committee for selection of members of Authority. 

20H. Salary, allowances and meetings of Authority. 

20-I. Functions and powers of Authority. 

20J. Removal of Chairperson and members. 

20K. Restriction on future employment by Chairperson and members. 

20L. Power of Central Government to issue directions to Authority. 

20M. Power of Central Government to issue directions to competent authority. 

20N. Power of Central Government to supersede Authority. 

20-O. Bar of jurisdiction of civil court. 

20P. Annual report. 

20Q. Power to call for information. 

ARCHAEOLOGICAL EXCAVATIONS 

21. Excavations in protected areas. 

22. Excavations in areas other than protected areas. 

23. Compulsory purchase of antiquities, etc., discovered during excavation operations. 

24. Excavations, etc., for archaeological purposes. 

PROTECTION OF ANTIQUITIES 

25. Power of Central Government to control moving of antiquities. 

26. Purchase of antiquities by Central Government. 

PRINCIPLES OF COMPENSATION 

27. Compensation for loss or damage. 

28. Assessment of market value or compensation. 

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MISCELLANEOUS 

SECTIONS 

29.  Delegation of powers. 

30. Penalties. 

30A. Punishment for construction, etc., in prohibited area. 

30B. Punishment for construction, etc., in regulated area. 

30C. Offences by officers of Government. 

31. Jurisdiction to try offences. 

32. Certain offences to be cognizable. 

33. Special provision regarding fine. 

34. Recovery of amounts due to the Government. 

35. Ancient monuments, etc., which have ceased to be of national importance. 

35A. Obligation to survey the protected prohibited area and regulated areas. 

35B. Identification of unauthorised constructions on or after 16th June, 1992. 

36. Power to correct mistakes, etc. 

37. Protection of action taken under the Act. 

38. Power to make rule. 

39. Repeals and savings. 

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THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES  
AND REMAINS ACT, 1958  

ACT NO. 24 OF 19581  

An  Act  to  provide  for  the  preservation  of  ancient  and  historical  monuments  and 
archaeological  sites  and  remains  of  national  importance,  for  the  regulation  of 
archaeological  excavations  and  for  the  protection  of  sculptures,  carvings  and  other  like 
objects. 

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:―  

[28th August, 1958.]  

1. Short title, extent and commencement.―(1) This Act may be called the Ancient Monuments 

PRELIMINARY 

and Archaeological Sites and Remains Act, 1958. 

2[(2) It extends to the whole of India.] 

 (3) It shall come into force on such date3 as the Central Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions.―In this Act, unless the context otherwise requires,― 

(a) “ancient monument” means any structure, erection or monument, or any tumulus or place 
of  interment,  or  any  cave,  rock-sculpture,  inscription  or  monolith,  which  is  of  historical, 
archaeological or artistic interest and which has been in existence for not less than one hundred 
years, and includes―  

(i) the remains of an ancient monument, 

(ii) the site of an ancient monument, 

(iii) such portion of land adjoining the site of an ancient monument as may be required for 

fencing or covering in or otherwise preserving such monument, and 

(iv) the means of access to, and convenient inspection of, an ancient monument; 

(b) “antiquity” includes― 

(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship, 

(ii) any article, object or thing detached from a building or cave, 

(iii)  any  article,  object  or  thing  illustrative  of  science,  art,  crafts,  literature,  religion, 

customs, morals or politics in bygone ages, 

(iv) any article, object or thing of historical interest, and 

1. Extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, S. 3 and Sch. (w.e.f. 22-11-1962). Extended to 
Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 11-7-1965) and Pondicherry by Reg. 7 of 1963, s. 3 and 
Sch. I (w.e.f. 1-10-1963). 

2. Subs. by Act 52 of 1972, s. 33, for sub-section (2) (w.e.f. 5-4-1976).   
3.  15th  October,  1959,  vide  notification  No.  S.  O.  2307,  dated  15th  October,  1959,  see  Gazette  of  India,  Extraordinary,       

Part II, sec. 3(ii). 

4 

 
 
                                                           
 
(v) any article, object or thing declared by the Central Government, by notification in the 

Official Gazette, to be an antiquity for the purposes of this Act, 

which has been in existence for not less than one hundred years; 

(c)  “archaeological  officer”  means  an  officer  of  the  Department  of  Archaeology  of  the 

Government of India not lower in rank than Assistant Superintendent of Archaeology; 

(d)  “archaeological  site  and  remains”  means  any  area  which  contains  or  is  reasonably 
believed to contain ruins or relics of historical or archaeological importance which have been in 
existence for not less than one hundred years, and includes― 

(i) such portion of land adjoining the area as may be required for fencing or covering in or 

otherwise preserving it, and 

(ii) the means of access to, and convenient inspection of, the area; 

1[(da) “Authority” means the National Monuments Authority constituted under section 20F; 

(db) “competent authority” means an officer not below the rank of Director of archaeology or 
Commissioner of archaeology of the Central or State Government or equivalent rank, specified, 
by notification in the Official Gazette, as the competent authority by the Central Government to 
perform functions under this Act: 

Provided  that  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  specify 

different competent authorities for the purpose of sections 20C, 20D and 20E; 

(dc) “construction” means any erection of a structure or a building, including any addition or 
extension thereto either vertically or horizontally, but does not include any re-construction, repair 
and renovation of an existing structure or building, or, construction, maintenance and cleansing of 
drains  and  drainage  works  and  of  public  latrines,  urinals  and  similar  conveniences,  or,  the 
construction  and  maintenance  of  works  meant  for  providing  supply  of  water  for  public,  or,  the 
construction or maintenance, extension, management for supply and distribution of electricity to 
the public or provision for similar facilities for public;] 

(e) “Director-General” means the Director-General of Archaeology, and includes any officer 

authorised by the Central Government to perform the duties of the Director-General; 

(f) “maintain”, with its grammatical variations and cognate expressions, includes the fencing, 
covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act 
which  may  be  necessary  for  the  purpose  of  preserving  a  protected  monument  or  of  securing 
convenient access thereto; 

(g) “owner” includes― 

(i) a joint owner invested with powers of management on behalf of himself and other joint 

owners and the successor-in-title of any such owner; and 

(ii) any manager or trustee exercising powers of management and the successor-in-office 

of any such manager or trustee; 

(h) “prescribed” means prescribed by rules made under this Act; 
1[(ha)  “prohibited  area”  means  any  area  specified  or  declared  to  be  a  prohibited  area  under 

section 20A;] 

1. Ins. by Act 10 of 2010, s. 2 (w.e.f. 16-6-1992). 

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(i)  “protected  area”  means  any  archaeological  site  and  remains  which  is  declared  to  be  of 

national importance by or under this Act; 

(j)  “protected  monument”  means  an  ancient  monument  which  is  declared  to  be  of  national 

importance by or under this Act; 

1[(k)  “re-construction”  means  any  erection  of  a  structure  or  building  to  its  pre-existing 

structure, having the same horizontal and vertical limits; 

(l) “regulated area” means any area specified or declared under section 20B; 

(m) “repair and renovation” means alterations to a pre-existing structure or building, but shall 

not include construction or re-construction.] 
2[2A.  [Construction  of  references  to  any  law  not  in  force  in  the  State  of  Jammu  and 
Kashmir*.]―Omitted  by  the  Jammu  and  Kashmir  Reorganization  (Adaptation  of  Central  Laws) 
Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020).] 

ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS OF NATIONAL IMPORTANCE 

3. Certain ancient monuments, etc., deemed to be of national importance.―All ancient and 

historical  monuments  and  all  archaeological  sites  and  remains  which  have  been  declared  by              
the  Ancient  and  Historical  Monuments  and  Archaeological  Sites  and  Remains  (Declaration  of     
National  Importance)  Act,  1951  (71  of  1951),  or  by  section  126  of  the  States  Reorganisation                          
Act,  1956  (37  of  1956),  to  be  of  national  importance  shall  be  deemed  to  be  ancient  and  historical 
monuments or archaeological sites and remains declared to be of national importance for the purposes 
of this Act. 

4.  Power  of  Central  Government  to  declare  ancient  monuments,  etc.,  to  be  of  national 
importance.―(1)  Where  the  Central  Government  is  of  opinion  that  any  ancient  monument  or 
archaeological  site  and  remains  not  included  in  section  3  is  of  national  importance,  it  may,  by 
notification  in  the  Official Gazette,  give  two  months’  notice  of its intention to declare  such  ancient 
monument or archaeological site and remains to be of national importance; and a copy of every such 
notification shall be affixed in a conspicuous place near the monument or site and remains, as the case 
may be. 

(2) Any person interested in any such ancient monument or archaeological site and remains may, 
within two months after the issue of the notification, object to the declaration of the monument, or the 
archaeological site and remains, to be of national importance. 

(3)  On  the  expiry  of  the  said  period  of  two  months,  the  Central  Government  may,  after 
considering the objections, if any, received by it, declare by notification in the Official Gazette, the 
ancient  monument  or  the  archaeological  site  and  remains,  as  the  case  may  be,  to  be  of  national 
importance. 

(4)  A  notification  published  under  sub-section  (3)  shall,  unless  and  until  it  is  withdrawn,  be 
conclusive evidence of the fact that the ancient monument or the archaeological site and remains to 
which it relates is of national importance for the purposes of this Act. 

1. Ins. by Act 10 of 2010, s. 2 (w.e.f. 16-6-1992). 
2. Ins. by Act 52 of 1972, s. 33 (w.e.f. 5-4-1976).  
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 

and Kashmir and the Union territory of Ladakh. 

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1[4A.  Categorisation  and  classification  in  respect  of  ancient  monuments  or  archaeological 
sites and remains declared as of national importance under sections 3 and 4.―(1) The Central 
Government  shall,  on  the  recommendation  of  the  Authority,  prescribe  categories  in  respect                 
of ancient monuments or archaeological sites and remains declared as of national importance under 
sections  3  and  4,  and  while  prescribing  such  categories  it  shall  have  regard  to  the  historical, 
archaeological  and  architectural  value  and  such  other  factors  as  may  be  relevant  for  the  purpose  of 
such categorisation. 

(2)  The  Central  Government  shall,  on  the  recommendation  of  the  Authority,  classify  all  the 
ancient  monuments  or  archaeological  sites  and  remains  declared  as  of  national  importance  under 
sections  3  and  4,  in  accordance  with  the  categories  prescribed  under  sub-section  (1)  and  thereafter 
make  the  same  available  to  the  public  and  exhibit  the  same  on  its  website  and  also  in  such  other 
manner as it may deem fit.] 

PROTECTED MONUMENTS 

5.  Acquisition  of  rights  in  a  protected  monument.―(1)  The  Director-General  may,  with  the 
sanction of the Central Government, purchase, or take a lease of, or accept a gift or  bequest of, any 
protected monument. 

(2) Where a protected monument is without an owner, the Director-General may, by notification 

in the Official Gazette, assume the guardianship of the monument. 

(3)  The  owner  of  any  protected  monument  may,  by  written  instrument,  constitute  the             

Director-General the guardian of the monument, and the Director-General may, with the sanction of 
the Central Government, accept such guardianship. 

(4)  When  the  Director-General  has  accepted  the  guardianship  of  a  monument  under                   

sub-section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, 
title  and  interest  in  and  to  the  monument  as  if  the  Director-General  had  not  been  constituted  a 
guardian thereof.  

(5)  When  the  Director-General  has  accepted  the  guardianship  of  a  monument  under                       

sub-section (3), the provisions of this Act relating to agreements executed under section 6 shall apply 
to the written to agreements executed under the said sub-section. 

(6) Nothing in this section shall affect the use of any protected monument for customary religious 

observances. 

6.  Preservation  of  protected  monument  by  agreement.―(1) The  Collector,  when  so directed 
by  the  Central  Government,  shall  propose  to  the  owner  of  a  protected  monument  to  enter  into  an 
agreement  with  the  Central  Government  within  a  specified  period  for  the  maintenance  of  the 
monument. 

(2)  An  agreement  under  this  section  may  provide  for  all  or  any  of  the  following  matters, 

namely:― 

(a) the maintenance of the monument; 

(b)  the  custody  of  the  monument  and  the  duties  of  any  person  who  may  be  employed  to   

watch it; 

1. Ins. by Act 10 of 2010, s. 3 (w.e.f. 16-6-1992). 

7 

 
                                                           
(c) the restriction of the owner’s right― 

(i) to use the monument for any purpose, 

(ii) to charge any fee for entry into, or inspection of, the monument, 

(iii) to destroy, remove, alter or deface the monument, or 

(iv) to build on or near the site of the monument; 

(d)  the  facilities  of  access  to  be  permitted  to  the  public  or  any  section  thereof  or  to 
archaeological  officers  or  to  persons  deputed  by  the  owner  or  any  archaeological  officer  or  the 
Collector to inspect or maintain the monument; 

(e) the notice to be given to the Central Government in case the land on which the monument 
is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to 
the Central Government to purchase such land, or any specified portion of such land, at its market 
value;  

(f)  the  payment  of  any  expenses  incurred  by  the  owner  or  by  the  Central  Government  in 

connection with the maintenance of the monument; 

(g) the proprietary or other rights which are to vest in the Central Government in respect of 
the monument when any expenses are incurred by the Central Government in connection with the 
maintenance of the monument; 

(h) the appointment of an authority to decide any dispute arising out of the agreement; and 

(i) any matter connected with the maintenance of the monument which is a proper subject of 

agreement between the owner and the Central Government. 

(3) The Central Government or the owner may, at any time after the expiration of three years from 
the date of execution of an agreement under this section, terminate it on giving six months’ notice in 
writing to the other party: 

Provided  that  where  the  agreement  is  terminated  by  the  owner,  he  shall  pay  to  the  Central 
Government the expenses, if any, incurred by it on the maintenance of the monument during the five 
years immediately preceding the termination of the agreement or, if the agreement has been in force 
for a shorter period, during the period the agreement was in force. 

(4) An agreement under this section shall be binding on any person claiming to be the owner of 
the  monument  to  which it relates, from,  through  or  under  a party  by  whom  or on  whose  behalf the 
agreement was executed. 

7. Owners under disability or not in possession.―(1) If the owner of a protected monument is 
unable, by reason of infancy or other disability, to act for himself, the son legally competent to act on 
his behalf may exercise the powers conferred upon an owner by section 6. 

(2)  In  the  case  of  village  property,  the  headman  or  other  village  officer  exercising  powers  of 

management over such property may exercise the powers conferred upon an owner by section 6. 

(3) Nothing in this section shall be deemed to empower any person not being of the same religion 
as the person on whose behalf he is acting to make or execute an agreement relating to a protected 
monument which or any part of which is periodically used for the religious worship or observances of 
that religion 

8 

 
8.  Application  of  endowment  to  repair  a  protected  monument.―(1)  If  any  owner  or  other 
person  competent  to  enter  into  an  agreement  under  section  6  for  the  maintenance  of  a  protected 
monument refuses or fails to enter into such an agreement, and if any endowment has been created for 
the  purpose  of  keeping  such  monument  in  repair  or  for  that  purpose  among  others,  the  Central 
Government may institute a suit in the court of the district judge, or, if the estimated cost of repairing 
the monument does not exceed one thousand rupees, may make an application to the district judge, for 
the proper application of such endowment or part thereof. 

(2)  On  the  hearing  of  an  application  under  sub-section  (1),  the  district  judge  may  summon  and 
examine the owner and any person whose evidence appears to him necessary and may pass an order 
for  the  proper  application  of  the  endowment  or  of  any  part  thereof,  and  any  such  order  may  be 
executed as if it were a decree of a civil court. 

9. Failure or refusal to enter into an agreement.―(1) If any owner or other person competent 
to enter into an agreement under section 6 for the maintenance of a protected monument refuses or 
fails to enter into such an agreement, the Central Government may make an order providing for all or 
any  of  the  matters  specified  in  sub-section  (2)  of  section  6  and  such  order  shall  be  binding  on  the 
owner  or  such  other  person  and  on  every  person  claiming  title  to  the  monument  from,  through  or 
under, the owner or such other person. 

(2) Where an order made under sub-section (1) provides that the monument shall be maintained 
by the owner or other person competent to enter into an agreement, all reasonable expenses for the 
maintenance of the monument shall be payable by the Central Government. 

(3) No order under sub-section (1) shall be made unless the owner or other person has been given 

an opportunity of making a representation in writing against the proposed order. 

10. Power to make order prohibiting contravention of agreement under section 6.―(1) If the 
Director-General apprehends that the owner or occupier of a protected monument intends to destroy, 
remove,  alter,  deface,  imperil  or  misuse  the  monument  or  to  build  on  or  near  the  site  thereof  in 
contravention of the terms of an agreement under section 6, the Director-General may, after giving the 
owner  or  occupier  an  opportunity  of  making  a  representation  in  writing,  make  an  order  prohibiting 
any such contravention of the agreement: 

Provided  that  no  such  opportunity  may  be  given  in  any  case  where  the  Director-General,  for 

reasons to be recorded, is satisfied that it is not expedient or practicable to do so. 

(2) Any person aggrieved by an order under this section may appeal to the Central Government 
within  such  time  and  in  such  manner  as  may  be  prescribed  and  the  decision  of  the  Central 
Government shall be final. 

11. Enforcement of agreements.―(1) If an owner or other person who is bound by an agreement 
for the maintenance of a monument under section 6 refuses or fails within such reasonable time as the 
Director-General may fix, to do any act which in the opinion of the Director-General is necessary for 
the maintenance of the monument, the Director-General may authorise any person to do any such act, 
and the owner or other person shall be liable to pay the expenses of doing any such act or such portion 
of the expenses as the owner may be liable to pay under the agreement. 

(2) If any dispute arises regarding the amount of expenses payable by the owner or other person 

under sub-section (1), it shall be referred to the Central Government whose decision shall be final. 

9 

 
12.  Purchasers  at  certain  sales  and  persons  claiming  through  owner  bound  by  instrument 
executed by owner.―Every person who purchases, at a sale for arrears of land revenue or any other 
public  demand,  any  land  on  which  is  situated  a  monument  in  respect  of  which  any  instrument  has 
been executed by the owner for the time being under section 5 or section 6, and every person claiming 
any title to a monument from, through or under, an owner who executed any such instrument, shall be 
bound by such instrument. 

13.  Acquisition  of  protected  monuments.―If 

the  Central  Government  apprehends                 

that  a  protected  monument  is  in  danger  of  being  destroyed,  injured,  misused,  or  allowed  to  fall       
into  decay,  it  may  acquire  the  protected  monument  under  the  provisions  of  the  Land  Acquisition        
Act, 1894 (1 of 1894), as if the maintenance of the protected monument were a public purpose within 
the meaning of that Act. 

14.  Maintenance  of  certain  protected  monuments.―(1)  The  Central  Government  shall 
maintain every monument which has been acquired under section 13 or in respect of which any of the 
rights mentioned in section 5 have been acquired. 

(2) When the Director-General has assumed the guardianship of a monument under section 5, he 
shall, for the purpose of maintaining such monument, have access to the monument at all reasonable 
times,  by  himself  and  by  his  agents,  subordinates  and  workmen,  for  the  purpose  of  inspecting  the 
monument  and  for  the  purpose  of  bringing  such  materials  and  doing  such  acts  as  he  may  consider 
necessary or desirable for the maintenance thereof. 

15.  Voluntary  contributions.―The  Director-General  may  receive  voluntary  contributions 
towards the cost of maintaining a protected monument and may give orders as to the management and 
application of any funds so received by him:  

Provided  that  no  contribution  received  under  this  section  shall  be  applied  to  any  purpose  other 

than the purpose for which it was contributed. 

16.  Protection  of  place  of  worship  from  misuse,  pollution  or  desecration.―(1)  A  protected 
monument  maintained  by  the  Central  Government  under  this  Act  which  is  a  place  of  worship  or 
shrine shall not be used for any purpose inconsistent with its character. 

(2) Where the Central Government has acquired a protected monument under section 13, or where 
the  Director-General  has  purchased,  or  taken  a  lease  or  accepted  a  gift  or  bequest  or  assumed 
guardianship  of,  a  protected  monument  under  section  5,  and  such  monument  or  any  part  thereof  is 
used for religious worship or observances by any community, the Collector shall make due provision 
for the protection of such monument or part thereof, from pollution or desecration― 

(a) by prohibiting the entry therein, except in accordance with the conditions prescribed with 
the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of 
any  person  not  entitled  so  to  enter  by  the  religious  usages  of  the  community  by  which  the 
monument or part thereof is used, or 

(b) by taking such other action as he may think necessary in this behalf. 

17. Relinquishment of Government rights in a monument.―With the sanction of the Central 

Government, the Director-General may,― 

(a)  where  rights  have  been  acquired  by  the  Director-General  in  respect  of  any  monument 
under this Act by virtue of any sale, lease, gift or will, relinquish, by notification in the Official 
Gazette, the rights so acquired to the person who would for the time being be the owner of the 
monument if such rights had not been acquired; or 

10 

 
(b) relinquish any guardianship of a monument which he has assumed under this Act. 

18.  Right  of  access  to  protected  monuments.―Subject  to  any  rules  made  under  this  Act,  the 

public shall have a right of access to any protected monument.  
PROTECTED AREAS 

19.  Restictions on enjoyment of property rights in protected areas.―(1) No person, including 
the  owner  or  occupier  of  a  protected  area,  shall construct any  building  within the  protected  area  or 
carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or 
utilise  such  area  or  any  part  thereof  in  any  other  manner  without  the  permission  of  the  Central 
Government: 

Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or 
part thereof for purposes of cultivation if such cultivation does not involve the digging of not more 
than one foot of soil from the surface. 

(2)  The  Central  Government  may,  by  order,  direct  that  any  building  constructed  by  any  person 
within a protected area in contravention of the provisions of sub-section (1) shall be removed within a 
specified period and, if the person refuses or fails to comply with the order, the Collector may cause 
the building to be removed and the person shall be liable to pay the cost of such removal. 

20.  Power  to  acquire  a  protected  area.―If  the  Central  Government  is  of  opinion  that  any 
protected  area  contains  an  ancient  monument  or  antiquities  of  national  interest  and  value,  it  may 
acquire  such  area  under  the  provisions  of  the  Land  Acquisition  Act,  1894  (1  of  1894),  as  if  the 
acquisition were for a public purpose within the meaning of that Act. 

1[PROHIBITED AND REGULATED AREAS  

20A.  Declaration  of  prohibited  area  and  carrying  out  public  work  or  other  works  in 
prohibited area.―Every area, beginning at the limit of the protected area or the protected monument, 
as the case may be, and extending to a distance of one hundred metres in all directions shall be the 
prohibited area in respect of such protected area or protected monument: 

Provided  that  the  Central  Government  may,  on  the  recommendation  of  the  Authority,  by 
notification in the Official Gazette, specify an area more than one hundred metres to be the prohibited 
area having regard to the classification of any protected monument or protected area, as the case may 
be, under section 4A. 

(2)  Save  as  otherwise  provided  in  section  20C,  no  person,  other  than  an  archaeological  officer, 

shall carry out any construction in any prohibited area. 

(3)  In  a  case  where  the  Central  Government  or  the  Director-General,  as  the  case  may  be,  is 

satisfied that― 

(a) it is necessary or expedient for carrying out such public work or any project essential to 

the public; or 

(b) such other work or project, in its opinion, shall not have any substantial adverse impact on 

the preservation, safety, security of, or, access to, the monument or its immediate surrounding, 

1. Ins. by Act 10 of 2010, s. 4 (w.e.f. 16-6-1992). 

11 

 
                                                           
 
it or he may, notwithstanding anything contained in sub-section (2), in exceptional cases and having 
regard to the public interest, by order and for reasons to be recorded in writing, permit, such public 
work or project essential to the public or other constructions, to be carried out in a prohibited area: 

Provided  that  any  area  near  any  protected  monument  or  its  adjoining  area  declared,  during  the 
period  beginning  on  or  after  the  16th  day  of  June,  1992  but  ending  before  the  date  on  which  the 
Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, 
receives the assent of the President, as a prohibited area in respect of such protected monument, shall 
be  deemed  to  be  the  prohibited  area  declared  in  respect  of  that  protected  monument  in  accordance 
with the provisions of this Act and any permission or licence granted by the Central Government or 
the Director-General, as the case may be, for the construction within the prohibited area on the basis 
of  the  recommendation  of  the  Expert  Advisory  Committee,  shall  be  deemed  to  have  been  validly 
granted  in  accordance  with  the  provisions  of  this  Act,  as  if  this  section  had  been  in  force  at  all 
material times: 

Provided further that nothing contained in the first proviso shall apply to any permission granted, 
subsequent  to  the  completion  of  construction  or  re-construction  of  any  building  or  structure  in  any 
prohibited  area  in  pursuance  of  the  notification  of  the  Government  of  India  in  the  Department  of 
Culture (Archaeological Survey of India) number S.O. 1764, dated the 16th June, 1992 issued under 
rule  34  of  the  Ancient  Monuments  and  Archaeological  Sites  and  Remains  Rules,  1959,  or,  without 
having obtained the recommendations of the Committee constituted in pursuance of the order of the 
Government  of  India  number  24/22/2006-M,  dated the  20th July,  2006  (subsequently  referred to  as 
the Expert Advisory Committee in orders dated the 27th August, 2008 and the 5th May, 2009).] 

1[(4)  No  permission,  referred  to  in  sub-section  (3),  including  carrying  out  any  public  work  or 
project essential to the public or other constructions, shall be granted in any prohibited area on and 
after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment 
and Validation) Bill, 2010 receives the assent of the President.] 

2[20B. Declaration of regulated area in respect of every protected monument.―Every area, 
beginning at the limit of prohibited area in respect of every ancient monument and archaeological site 
and remains, declared as of national importance under sections 3 and 4 and extending to a distance of 
two hundred metres in all directions shall be the regulated area in respect of every ancient monument 
and archaeological site and remains: 

Provided that the Central Government may, by notification in the Official Gazette, specify an area 
more  than  two  hundred  metres  to  be  the  regulated  area  having  regard  to  the  classification  of  any 
protected monument or protected area, as the case may be, under section 4A: 

Provided further that any area near any protected monument or its adjoining area declared, during 
the period beginning on or after the 16th day of June, 1992 but ending before the date on which the 
Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 2010, 
receives the assent of the President, as a regulated area in respect of such protected monument, shall 
be deemed to be the regulated area declared in respect of that protected monument in accordance with 
the  provisions  of  this  Act  and  any  permission  or  licence  granted  for  construction  in  such  regulated 
area shall, be deemed to have been validly granted in accordance with the provisions of this Act, as if 
this section had been in force at all material times.] 

1. Ins. by Act 10 of 2010, s. 5 (w.e.f. 16-6-1992). 
2. Ins. by s. 6, ibid. (w.e.f. 16-6-1992). 

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1[20C.  Application  for  repair  or  renovation  in  prohibited  area,  or  construction  or               

re-construction  or  repair  or  renovation  in  regulated  area.―(1)  Any  person,  who  owns  any 
building or structure, which existed in a prohibited area before the 16th day of June, 1992, or, which 
had been subsequently constructed with the approval of the Director-General and desires to carry out 
any  repair  or  renovation  of  such  building  or  structure,  may  make  an  application  to  the  competent 
authority for carrying out such repair or renovation, as the case may be. 

(2) Any person, who owns or possesses any building or structure or land in any regulated area, 
and desires to carry out any construction or re-construction or repair or renovation of such building or 
structure on such land, as the case may be, may make an application to the competent authority for 
carrying out construction or re-construction or repair or renovation, as the case may be. 

GRANT OF PERMISSION BY COMPETENT AUTHORITY 

20D.  Grant  of  permission  by  competent  authority  within  regulated  area.―(1)  Every 
application  for  grant  of  permission  under  section  20C  of  this  Act  shall  be  made  to  the  competent 
authority in such manner as may be prescribed. 

(2) The competent authority shall, within fifteen days of the receipt of the application, forward the 
same to the Authority to consider and intimate impact of such construction (including the impact of 
large-scale  development  project,  public  project  and  project essential  to the  public)  having  regard  to 
the  heritage  bye-laws  relating  to  the  concerned  protected  monument  or  protected  area,  as  the  case    
may be: 

Provided  that  the  Central  Government  may  prescribe  the  category  of  applications  in  respect  of 
which  the  permission  may  be  granted  under  this  sub-section  and  the  application  which  shall  be 
referred to the Authority for its recommendations. 

(3)  The  Authority  shall,  within  two  months  from  the  date  of  receipt  of  application  under           

sub-section (2), intimate to the competent authority impact of such construction (including the impact 
of large-scale development project, public project and project essential to the public). 

(4)  The  competent  authority  shall,  within  one  month  of  the  receipt  of  intimation  from  the 
Authority under sub-section (3), either grant permission or refuse the same as so recommended by the 
Authority. 

(5) The recommendations of the Authority shall be final. 

(6) In case the competent authority refuses to grant permission under this section, it shall, by order 
in  writing,  after  giving  an  opportunity  to  the  concerned  person,  intimate  such  refusal  within  three 
months from the date of receipt of the application to the applicant, the Central Government and the 
Authority. 

(7) If the competent authority, after grant of the permission under sub-section (4) and during the 
carrying out of the repair or renovation work or re-construction of building or construction referred to 
in that sub-section, is of the opinion (on the basis of material in his possession or otherwise) that such 
repair or renovation work or re-construction of building or construction is likely to have an adverse 
impact on the preservation, safety, security or access to the monument considerably, it may refer the 
same  to  the  Authority  for  its  recommendations  and  if  so  recommended,  withdraw  the  permission 
granted under sub-section (4) if so required: 

1. Ins. by Act 10 of 2010, s. 7 (w.e.f. 16-6-1992). 

13 

 
                                                           
Provided  that  the  competent  authority  may,  in  exceptional  cases,  with  the  approval  of  the 
Authority  grant  permission  to  the  applicant  referred  to  in  sub-section  (2)  of  section  20C  until  the 
heritage  bye-laws  have  been  prepared  under  sub-section  (1)  of  section  20E  and  published  under      
sub-section (7) of that section. 

(8) The Central Government, or the Director-General, as the case may be, shall exhibit, on their 

website, all the permissions granted or refused under this Act. 

20E.  Heritage  bye-laws.―(1)  The  competent  authority, 

in  consultation  with  Indian           
National  Trust  for  Arts  and  Cultural  Heritage,  being  a  trust  registered  under  the  Indian  Trusts          
Act,  1882  (2  of  1882),  or  such  other  expert  heritage  bodies  as  may  be  notified  by  the  Central 
Government,  shall  prepare  heritage  bye-laws  in  respect  of  each  protected  monument  and  protected 
area. 

(2) The heritage bye-laws referred to in sub-section (1) shall, in addition to such matters as may 
be  prescribed,  include  matters  relating  to  heritage  controls  such  as  elevations,  facades,  drainage 
systems, roads and service infrastructure (including electric poles, water and sewer pipelines). 

(3)  The  Central  Government  shall,  by  rules,  specify  the  manner  of  preparation  of  detailed  site 
plans in respect of each protected area or protected monument or prohibited area or regulated area, the 
time  within  which  such  heritage  bye-laws  shall  be  prepared  and  particulars  to  be  included  in  each 
such heritage bye-laws. 

(4)  The  competent  authority  for  the  purpose  of  preparation  of  detailed  site  plans  and  heritage      

bye-laws may appoint such number of experts or consultants as it may deem fit. 

(5) A copy of each of the heritage bye-laws prepared under sub-section (1) shall be forwarded to 

the Authority for its approval. 

(6) A copy of the heritage bye-laws as approved by the Authority under sub-section (5) shall be 

laid before each House of Parliament. 

(7) Each heritage bye-laws shall, be made available by the competent authority to the public, by 
exhibiting the same on its website and also in such other manner as it may deem fit, immediately after 
laying the same before each House of Parliament. 

NATIONAL MONUMENTS AUTHORITY 

20F. Constitution of National Monuments Authority.―(1) The Central Government shall, by 
notification in the Official Gazette, constitute an Authority to be called as the National Monuments 
Authority. 

(2) The Authority shall consist of,― 

(a)  a  Chairperson,  on  whole-time  basis,  to  be  appointed  by  the  President,  having  proven 
experience  and  expertise  in  the  fields  of  archaeology,  country  and  town  planning,  architecture, 
heritage, conservation-architecture or law; 

(b)  such  number  of  members  not  exceeding  five  whole-time  members  and  five  part-time 
members  to  be  appointed,  on  the  recommendation  of  the  Selection  Committee  referred  to  in 
section 20G, by the Central Government, having proven experience and expertise in the fields of 
archaeology, country and town planning, architecture, heritage, conservation-architecture or law; 

(c) the Director-General as member, ex officio. 

14 

 
(3) The tenure of the whole-time Chairperson or every whole-time  member and every part-time 
member, of the Authority shall be three years from the date on which he assumes office as such and 
shall not be eligible for re-appointment: 

Provided  that,  save  as  otherwise  provided  in  clause  (c)  of  sub-section  (2),  any  person  who  has 
held any post in the Archaeological Survey of India or in the Ministry of Culture of the Government 
of India or a State Government or has not been found fit to be considered for being appointed to any 
such post shall, not be eligible to be appointed as the Chairperson or a member of the Authority: 

Provided further that any person, who had either been granted a permission or licence or refused 
any  such  permission  or  refused  grant  of  a  licence  or  any  person  or  any  of  his  relative  having  any 
interest in a prohibited area or a regulated area shall not be eligible to be appointed as a Chairperson 
or member. 

Explanation.―For the purposes of this section, “relative” means― 

(i) spouse of the Chairperson or member of the Authority; 

(ii) brother or sister of the Chairperson or member of the Authority; 

(iii) brother or sister of the spouse of the Chairperson or member of the Authority; 

(iv) brother or sister of either of the parents of the Chairperson or member of the Authority; 

(v) any lineal ascendant or descendant of the Chairperson or member of the Authority; 

(vi)  any  lineal  ascendant  or  descendant  of  the  spouse  of  the  Chairperson  or  member  of  the 

Authority; 

(vii) spouse of the person referred to in clauses (ii) to (vi); 

(4)  An  officer,  not  below  the  rank  of  Joint  Secretary  to  the  Government  of  India,  shall  be  the 

Member Secretary of the Authority. 

(5) The Central Government shall provide such number of officers and other employees as may be 

necessary for discharge of functions by the Authority under this Act. 

20G.  Selection  Committee  for  selection  of  members  of  Authority.―(1)  Every  whole-time 
member  and  every  part-time  member  of  the  Authority  shall  be  selected  by  a  Selection  Committee 
consisting of the following persons, namely:― 

(a) Cabinet Secretary―Chairperson, ex officio; 

(b) Secretary in the Ministry of Culture―member, ex officio; 

(c) Secretary in the Ministry of Urban development―member, ex officio; 

(d)  three  experts,  having  proven  experience  and  expertise  in  the  fields  of  archaeology, 

architecture, heritage or conservation-architecture to be nominated by the Central Government. 

(2) The Selection Committee referred to in sub-section (1) shall regulate its own procedure for the 

purposes of selecting whole-time members and part-time members of the Authority. 

20H. Salary, allowances and meetings of Authority.―(1) The salaries and allowances payable 
to the whole-time Chairperson and whole-time members, and the other terms and conditions of their 
service or fees or allowances payable to the part-time members, of the Authority shall be such as may 
be prescribed: 

15 

 
Provided that neither the salary and allowances nor the other terms and conditions of service of 
the whole-time Chairperson and whole-time members shall be varied to their disadvantage after their 
appointment. 

(2)  The  Authority  shall  regulate  its  own  procedure  for  the  purposes  of  holding  its  meetings 

(including quorum of such meetings) and granting permissions under this Act. 

(3) All the decisions of the Authority shall be published in such manner as it may decide and also 

on its own website and on the website of the Central Government. 

20-I.  Functions  and  powers  of  Authority.―(1)  The  Authority  shall  exercise  or  discharge  the 

following powers or functions, namely:― 

(a) make recommendations to the Central Government for grading and classifying protected 
monuments and protected areas declared as of national importance under sections 3 and 4, before 
the  commencement  of  the  Ancient  Monuments  and  Archaeological  Sites  and  Remains 
(Amendment and Validation) Act, 2010 (10 of 2010); 

(b) make recommendations to the Central Government for grading and classifying protected 
monuments  and  protected  areas  which  may  be  declared  after  the  commencement  of  the       
Ancient  Monuments  and  Archaeological  Sites  and  Remains  (Amendment  and  Validation)         
Act, 2010 (10 of 2010), as of national importance under section 4; 

(c) oversee the working of the competent authorities;. 

(d) to suggest measures for implementation of the provisions of this Act; 

(e) to consider the impact of large-scale developmental projects, including public projects and 
projects  essential  to  the  public  which  may  be  proposed  in  the  regulated  areas  and  make 
recommendations in respect thereof to the competent authority; 

(f) to make recommendations to the competent authority for grant of permission. 

(2) The Authority shall, for the purpose of discharging functions under this Act, have the same 
powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying 
a suit in respect of the following matters, namely:― 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) any other matter which may be prescribed. 

20J.  Removal  of  Chairperson  and  members.―(1)  Notwithstanding  anything  contained  in     

sub-section  (3)  of  section  20F,  the  President  in  the  case  of  the  Chairperson  and  the  Central 
Government  in the case  of  whole-time  member  and part-time  member  may,  by  order, remove  from 
office, the Chairperson or any such member of the Authority, if he― 

(a) has been adjudged an insolvent; or 

(b)  has  been  convicted  of  an  offence  which,  in  the  opinion  of  the  Central  Government, 

involves moral turpitude; or 

(c) has become physically or mentally incapable of acting as Chairperson or member; or 

(d)  has  acquired  such  financial  or  other  interests  as  is  likely  to  affect  prejudicially  his 

functions; or 

16 

 
(e) has so abused his position as to render his continuance in office prejudicial to the public 

interest. 

(2)  The  Chairperson  or  any  member  of  the  Authority  shall  not  be  removed  under  clauses  (d)      

and  (e)  of  sub-section  (1)  unless  he  has  been  given  a  reasonable  opportunity  of  being  heard  in  the 
matter.  

20K. Restriction on future employment by Chairperson and members.―On ceasing to hold 
office, the Chairperson or whole-time member of the Authority, as the case may be, shall, subject to 
the provisions of this Act, be ineligible, for a period of five years from the date on which they cease to 
hold office, for further employment (including as consultant or expert or otherwise) in any institution, 
agency  or  organisation  of  any  nature  mainly  dealing  with  archaeology,  country  and  town  planning, 
architecture, heritage and conservation-architecture or whose matters had been before the Chairperson 
or such member. 

20L. Power of Central Government to issue directions to Authority.―(1) Without prejudice 
to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the discharge 
of its  functions  under  this Act,  be  bound  by  such  directions  on question  of  policy,  other than  those 
relating to technical and administrative matters, as the Central Government may give in writing to it 
from time to time: 

Provided  that  the  Authority  shall,  as  far  as  practicable,  be  given  an  opportunity  to  express  its 

views before any direction is given under this sub-section. 

(2) The decision of the Central Government, whether a question is one of policy or not, shall be 

final. 

20M.  Power  of  Central  Government  to  issue  directions  to  competent  authority.―Without 
prejudice  to  the  foregoing  provisions  of  this  Act,  the  competent  authority  shall,  in  exercise  of  its 
powers or the discharge of its functions under this Act, be bound by such directions, as the Central 
Government may give in writing to it from time to time. 

20N. Power of Central Government to supersede Authority.―(1) If, at any time the Central 

Government is of the opinion,― 

(a)  that,  on  account  of  circumstances  beyond  the  control  of  the  Authority,  it  is  unable  to 
discharge  the  functions  or  perform  the  duties  imposed  on  it  by  or  under  the  provisions  of  this     
Act; or 

(b) that the Authority has persistently defaulted in complying with any direction given by the 
Central  Government  under  this  Act  or  in  the  discharge  of  the  functions  or  performance  of  the 
duties  imposed  on  it  by  or  under  the  provisions  of  this  Act  and  as  a  result  of  such  default  the 
financial position of the Authority or the administration of the Authority has suffered; or 

(c) that circumstances exist which render it necessary in the public interest so to do, 

the Central Government may, by notification in the Official Gazette, supersede the Authority for such 
period,  not  exceeding  six  months,  as  may  be  specified  in  the  notification  and  appoint  a  person  or 
persons as the President may direct to exercise powers and discharge functions under this Act: 

Provided that before issuing any such notification, the Central Government shall give a reasonable 
opportunity  to  the  Authority  to  make  representations  against  the  proposed  supersession  and  shall 
consider the representations, if any, of the Authority. 

17 

 
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,― 

(a) the Chairperson and all other whole-time members and part-time members shall, as from 

the date of supersession, vacate their offices as such; 

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be 
exercised or discharged by or on behalf of the Authority shall, until the Authority is reconstituted 
under  sub-section  (3),  be  exercised  and  discharged  by  the  person  or  persons  referred  to  in           
sub-section (1); and 

(c)  all  properties  owned  or  controlled  by  the  Authority  shall,  until  the  Authority  is 

reconstituted under sub-section (3), vest in the Central Government. 

(3) On or before the expiration of the period of supersession specified in the notification issued 
under sub-section (1), the Central Government shall reconstitute the Authority by a fresh appointment 
of its Chairperson and other whole-time members and part-time members and in such case any person 
who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified, 
subject to the provisions of sub-section (3) of section 20F for reappointment for the remaining period. 

(4) The  Central  Government  shall  cause  a  copy  of  the  notification issued  under  sub-section  (1) 
and a full report of any action taken under this section and the circumstances leading to such action to 
be laid before each House of Parliament at the earliest. 

20-O. Bar of jurisdiction of civil court.―No civil court shall have jurisdiction in respect of any 
matter which the Authority is empowered by or under this Act to determine and no injunction shall be 
granted by any court or other authority in respect of any action taken or to be taken in pursuance of 
any power conferred by or under this Act. 

20P.  Annual  report.―(1)  The  Authority  shall prepare  once  in  every  year, in such form  and at 
such time as may be prescribed by the Central Government, an annual report giving full description of 
all the activities of the Authority for the previous year. 

(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is 

received, before each House of Parliament. 

20Q. Power to call for information.―Where the Central Government considers it expedient so 
to do, it may, by order in writing call upon the Authority or the competent authority, as the case may 
be, to furnish in writing such information, in such form and manner as may be prescribed, relating to 
its affairs as the Central Government may require.] 

ARCHAEOLOGICAL EXCAVATIONS 

21. Excavations in protected areas.―An archaeological officer or an officer authorised by him 
in this behalf or any person holding a licence granted in this behalf under this Act (hereinafter referred 
to as the licensee) may, after giving notice in writing to the Collector and the owner, enter upon and 
make excavations in any protected area. 

22.  Excavations  in  areas  other  than  protected  areas.―Where  an  archaeological  officer  has 
reason  to  believe  that  any  area  not  being  a  protected  area  contains  ruins  or  relies  of  historical  or 
archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in 
writing to the Collector and the owner, enter upon and make excavations in the area. 

18 

 
23.  Compulsory  purchase  of  antiquities, 

etc.,  discovered  during 

excavation         

operations.―(1)  Where,  as  a  result  of  any  excavations  made  in  any  area  under  section  21  or       
section 22, any antiquities are discovered, the archaeological officer or the licensee, as the case may 
be, shall,―  

(a)  as  soon  as  practicable,  examine  such  antiquities  and  submit  a  report  to  the  Central 

Government in such manner and containing such particulars as may be prescribed;  

(b) at the conclusion of the excavation operations, give notice in writing to the owner of the 

land from which such antiquities have been discovered, of the nature of such antiquities. 

 (2)  Until  an  order  for  the  1[compulsory  acquisition]  of  any  such  antiquities  is  made  under            

sub-section (3), the archaeological officer or the licensee, as the case may be, shall keep them in such 
safe custody as he may deem fit.  

(3) On receipt of a report under sub-section (1), the Central Government may make an order for 

the 2[compulsory acquisition of any such antiquities].  

 (4)  When  an  order  for  the  1[compulsory  acquisition]  of  any  antiquities  is  made  under                  

sub-section (3), such antiquities shall rest in the Central Government with effect from the date of the 
order. 

24.  Excavations,  etc., for archaeological  purposes.―No  State  Government  shall  undertake  or 
authorise any person to undertake any excavation or other like operation for archaeological purposes 
in any area which is not a protected area except with the previous approval of the Central Government 
and in accordance with such rules or directions, if any, as the Central Government may make or give 
in this behalf.  

PROTECTION OF ANTIQUITIES 

25.  Power  of  Central  Government  to  control  moving  of  antiquities.―(1)  If  the  Central 
Government considers that any antiquities or class of antiquities ought not to be moved from the place 
where  they  are  without  the  sanction  of  the  Central  Government,  the  Central  Government  may,  by 
notification in the Official Gazette, direct that any such antiquity or any class of such antiquities shall 
not be moved except with the written permission of the Director-General. 

(2) Every application for permission under sub-section (1) shall be in such form and contain such 

particulars as may be prescribed. 

(3) Any person aggrieved by an order refusing permission may appeal to the Central Government 

whose decision shall be final. 

26.  Purchase  of  antiquities  by  Central  Government.―(1)  If  the  Central  Government 
apprehends that any antiquity mentioned in a notification issued under sub-section (1) of section 25 is 
in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion 
that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity 
in a public place, the Central Government may make an order for the 3[compulsory acquisition of such 
antiquity] and the Collector shall thereupon give notice to the owner of the antiquity 4[to be acquired].  

1. Subs. by Act 52 of 1972, s. 33, for “compulsory purchase” (w.e.f. 5-4-1976). 
2. Subs. by s. 33, ibid., for “compulsory purchase of any such antiquities at their market value” (w.e.f. 5-4-1976). 
3. Subs. by s. 33, ibid., for “compulsory purchase of such antiquity at its market value” (w.e.f. 5-4-1976). 
4. Subs. by s. 33, ibid., for “to be purchased” (w.e.f. 5-4-1976). 
19 

 
                                                           
(2) Where a notice of 1[compulsory acquisition] is issued under sub-section (1) in respect of any 
antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice.  
(3) The power of 1[compulsory acquisition] given by this section shall not extend to any image or 

symbol actually used for bona fide religious observances.  

PRINCIPLES OF COMPENSATION 

27. Compensation for loss or damage.―Any owner or occupier of land who has sustained any 
loss or damage or any diminution of profits from the land by reason of any entry on, or excavations in, 
such land or the exercise of any other power conferred by this Act shall be paid compensation by the 
Central Government for such loss, damage or diminution of profits. 

28.  Assessment  of  market  value  or  compensation.―(1)  The  market  value  of  any  property 
which  the  Central  Government  is  empowered  to  purchase  at  such  value  under  this  Act  or  the 
compensation  to  be  paid  by  the  Central  Government  in  respect  of  anything  done  under  this  Act     
shall,  where  any  dispute  arises  in  respect  of  such  market  value  or  compensation,  be  ascertained  in     
the  manner  provided  in  sections  3,  5,  8  to  34,  45  to  47,  51  and  52  of  the  Land  Acquisition                
Act, 1894 (1 of 1894), so far as they can be made applicable: 

Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall 
be  assisted  by  two  assessors,  one  of  whom  shall  be  a  competent  person  nominated  by  the  Central 
Government  and  one  a  person  nominated  by  the  owner,  or,  in  case  the  owner  fails  to  nominate  an 
assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.  

2[(2)  For  every  antiquity  in  respect  of  which  an  order  for  compulsory  acquisition  has  been       

made under sub-section (3) of section 23 or under sub-section (1) of section 26, there shall be paid 
compensation  and  the  provisions  of  sections  20  and  22  of  the  Antiquities  and  Art  Treasures              
Act, 1972 (52 of 1972) shall, so far as may be, apply in relation to the determination and payment of 
such  compensation  as they  apply  in  relation  to the  determination and  payment  of  compensation for 
any antiquity or art treasure compulsorily acquired under section 19 of that Act.] 

MISCELLANEOUS 

29.    Delegation  of  powers.―The  Central  Government  may,  by  notification  in  the  Official 
Gazette, direct that any powers conferred on it by or under this Act shall, subject to such conditions as 
may be specified in the direction, be exercisable also by― 

(a) such officer or authority subordinate to the Central Government, or 

(b) such State Government or such officer or authority subordinate to the State Government,  

as may be specified in the direction. 

30. Penalties.―(1) Whoever— 

(i) destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or 

(ii) being the owner or occupier of a protected monument, contravenes an order made under 

sub-section (1) of section 9 or under sub-section (1) of section 10, or 

(iii) removes from a protected monument any sculpture carving, image, bas-relief, inscription, 

or other like object, or 

(iv) does any act in contravention of sub-section (1) of section 19, 

1. Subs. by Act 52 of 1972, s. 33, for “compulsory purchase” (w.e.f. 5-4-1976). 
2. Subs. by s. 33, ibid., for sub-section (2) (w.e.f. 5-4-1976). 

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shall  be  punishable  with  imprisonment  which  may  extend  to  three  months,  or  with 1[imprisonment 
which may extend to two years], or with 2[fine which may extend to one lakh rupees], or with both. 

(2)  Any  person  who  moves  any  antiquity  in  contravention  of  a  notification  issued  under            

sub-section (1) of section 25 shall be punishable with 3[imprisonment which may extend to two years 
or with fine which may extend to one lakh rupees or with both]; and the court convicting a person of 
any  such  contravention  may  by  order  direct  such  person  to  restore  the  antiquity  to  the  place  from 
which it was moved. 

4[30A.  Punishment  for  construction,  etc.,  in  prohibited  area.―Whoever  raises,  on  and  after 
the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and 
Validation)  Bill,  2010,  receives  the  assent  of  the  President,  any  construction  in  the  prohibited  area, 
shall be punishable with imprisonment not exceeding two years or with fine which may extend to one 
lakh rupees or with both. 

30B. Punishment for construction, etc., in regulated area.―Whoever  raises, on and after the 
date  on  which  the  Ancient  Monuments  and  Archaeological  Sites  and  Remains  (Amendment  and 
Validation)  Bill,  2010,  receives  the  assent  of  the  President,  any  construction  in  the  regulated  area 
without  the  previous  permission  of  the  competent  authority  or  in  contravention  of  the  permission 
granted by the competent authority, shall be punishable with imprisonment not exceeding two years or 
with fine which may extend to one lakh rupees or with both. 

30C. Offences by officers of Government.―If any officer of the Central Government enters into 
or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or 
thing whereby any construction or re-construction takes place in a prohibited area or regulated area, 
he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or 
with both.]  

31.  Jurisdiction  to  try  offences.―No  court  inferior  to  that  of  a  presidency  magistrate  or  a 

magistrate of the first class shall try any offence under this Act. 

32.  Certain  offences  to  be  cognizable.―Notwithstanding  anything  contained  in  the  Code  of 
Criminal  Procedure,  1898  (5  of  1898),  an  offence  under  clause  (i)  or  clause  (iii)  of  sub-section  (1)       
of section 30, shall be deemed to be a cognizable offence within the meaning of that Code. 

33. Special provision regarding fine.―Notwithstanding anything contained in section 32 of the 
Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any magistrate of the first class 
specially empowered by the State Government in this behalf and for any presidency magistrate to pass 
a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under 
this Act is punishable with fine exceeding two thousand rupees. 

34. Recovery of amounts due to the Government.―Any amount due to the Government from 
any person under this Act may, on a certificate issued by the Director-General or an archaeological 
officer authorised  by him in this behalf be recovered in the same manner as an arrear of land revenue. 

1. Subs. by Act 10 of 2010, s. 8, for “imprisonment which may extend to three months” (w.e.f. 16-6-1992).  
2. Subs. by s. 8, ibid., for “fine which may extend to five thousand rupees” (w.e.f. 16-6-1992). 
3. Subs. by s. 8, ibid., for “fine which may extend to five thousand rupees” (w.e.f. 16-6-1992). 
4. Ins. by s. 9, ibid. (w.e.f. 16-6-1992). 

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35. Ancient monuments, etc., which have ceased to be of national importance.―If the Central 
Government is of opinion that any ancient and historical monument or archaeological site and remains 
declared to be of national importance by or under this Act has ceased to be of national importance, it 
may,  by  notification  in  the  Official  Gazette,  declare  that  the  ancient  and  historical  monument  or 
archaeological site and remains, as the case may be, has ceased to be of national importance for the 
purposes of this Act. 

1[35A.  Obligation  to  survey  the  protected  prohibited  area  and  regulated  areas.―(1)  The 
Director-General shall, within such time as may be specified by the Central Government, conduct a 
survey or cause survey to be conducted in respect of all prohibited areas and regulated areas for the 
purpose of detailed site plans. 

(2)  A  report  in  respect  of  such  survey  referred  to  in  sub-section  (1)  shall  be  forwarded  to  the 

Central Government and to the Authority.  

35B.  Identification  of  unauthorised  constructions  on  or  after  16th  June,  1992.―(1)  The 
Director-General  shall,  within  such  time  as  may  be  specified  by  the  Central  Government,  identify     
or  cause  to  be  identified,  all  constructions  (of  whatever  nature)  made  on  and  after  the  16th  day  of 
June,  1992  in  all  prohibited  areas  and  regulated  areas  and,  thereafter,  submit  from  time  to  time  a 
report in respect thereof to the Central Government. 

(2)  The  Director-General  shall,  for  the  purposes  of  sub-section  (1),  have  the  power  to  call  for 

information from the local bodies and other authorities.]  

36.  Power  to  correct  mistakes,  etc.―Any  clerical  mistake,  patent  error  or  error  arising  from 
accidental  slip  or  omission  in  the  description  of  any  ancient  monument  or  archaeological  site  and 
remains declared to be of national importance by or under this Act may, at any time, be corrected by 
the Central Government by notification in the Official Gazette. 

37.  Protection  of  action  taken  under  the  Act.―No  suit  for  compensation  and  no  criminal 
proceeding shall lie against any public servant in respect of any act done or in good faith intended to 
be done in the exercise of any power conferred by this Act. 

38.  Power  to  make  rule.―(1)  The  Central  Government  may,  by  notification  in  the  Official 
Gazette and subject to the condition of previous publication, make rules for carrying out the purposes 
of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:― 

(a) the  prohibition or  regulation  by  licensing  or  otherwise  of  mining,  quarrying,  excavating 
blasting  or  any  operation  of  a  like  nature  near  a  protected  monument  or  the  construction  of 
buildings on land adjoining such monument and the removal of unauthorised buildings; 

(b) the grant of licences and permissions to make excavations for archaeological purposes in 
protected  areas,  the  authorities  by  whom,  and  the  restrictions  and  conditions  subject  to  which, 
such  licences  may  be  granted,  the  taking  of  securities  from  licensees  and  the  fees  that  may  be 
charged for such licensees; 

1. Ins. by Act 10 of 2010, s. 10 (w.e.f. 16-6-1992). 

22 

 
                                                           
(c) the right of access of the public to a protected monument and the fee, if any, to be charged 

therefore; 

1[(ca) the categories of ancient monuments or archaeological sites and remains, declared as of 

national importance, under sub-section (1) of section 4A; 

(cb)  the  manner  of  making  application  for  grant  of  permission  under  sub-section  (1)  of       

section 20D; 

(cc)  the  category  of  applications  in  respect  of  which  the  permission  may  be  granted  and 

applications  which  shall  be  referred  to  the  Authority  for  its  recommendation,  under                    
sub-section (2) of section 20D; 

(cd)  the  other  matters  including  heritage  controls  such  as  elevations,  facades,  drainage 
systems,  roads  and  service  infrastructure  (including  electric  poles,  water  and  sewer  pipelines) 
under sub-section (2) of section 20E; 

(ce)  the  manner  of  preparation  of  detailed  site  plans  in  respect  of  each  prohibited  area  and 
regulated area and the time within which such heritage bye-laws shall be prepared and particulars 
to be included in each such heritage bye-laws under sub-section (3) of section 20E; 

(cf) salaries and allowances payable to, and the other terms and conditions of service of, the 
whole-time Chairperson and whole-time members, or fees or allowances payable to the part-time 
members, of the Authority under sub-section (1) of section 20H; 

(cg) the form in which and time at which the Authority shall prepare an annual report giving 

full description of its activities for the previous year under section 20P; 

(ch)  the  form  and  manner  in  which  the  Authority  and  competent  authority  shall  furnish 

information to the Central Government under section 20Q;] 

(d)  the  form  and  contents  of  the  report  of  an  archaeological  officer  or  a  licensee  under    

clause (a) of sub-section (1) of section 23; 

(e) the form in which applications for permission under section 19 or section 25 may be made 

and the particulars which they should contain; 

(f) the form and manner of preferring appeals under this Act and the time within which they 

may be preferred; 

(g) the manner of service of any order or notice under this Act; 

(h)  the  manner  in  which  excavations  and  other  like  operations  for  archaeological  purposes 

may be carried on; 

(i) any other matter which is to be or may be prescribed. 

(3) Any rule made under this section may provide that a breach thereof shall be punishable,― 

(i)  in  the  case  of  a  rule  made  with  reference  to  clause  (a)  of  sub-section  (2),  with 
imprisonment which may extend to three months, or with fine which may extend to five thousand 
rupees, or with both; 

(ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which 

may extend to five thousand rupees; 

1. Ins. by Act 10 of 2010, s. 11 (w.e.f. 16-6-1992). 

23 

 
                                                           
(iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which 

may extend to five hundred rupees. 

1[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which  may  be  comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the 
expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case 
may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the 
validity of anything previously done under that rule.] 

39. Repeals and savings.―(1) The Ancient and Historical Monuments and Archaeological Sites 
and  Remains  (Declaration  of  National  Importance)  Act,  1951  (71  of  1951),  and  section  126  of  the 
States Reorganisation Act, 1956 (37 of 1956), are hereby repealed. 

(2)  The  Ancient  Monuments  Preservation  Act,  1904  (7  of  1904),  shall  cease  to  have  effect  in 
relation  to  ancient  and  historical  monuments  and  archaeological  sites  and  remains  declared  by  or 
under  this  Act  to  be  of  national  importance,  except  as  respects  things  done  or  omitted  to  be  done 
before the commencement of this Act. 

1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for sub-section (4) (w.e.f. 11-1-2005).  

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